Kancha Gachibowli Deforestation Prima Facie 'Pre-Planned', Take Steps For Restoration Or Face Contempt: Supreme Court Warns Telangana Govt

The Supreme Court today came down heavily upon the Telangana Government over the prima facie 'pre-planned' cutting of over 1,000 trees in the Kancha Gachibowli area. The Court warned the State officials of contempt proceedings and temporary imprisonment as it noted that a long weekend was misused to initiate the bulldozing of the region. A bench of Justices BR Gavai and AG Masih had previously expressed that restoration of status quo at the site will be the Court's first priority and the Wildlife Warden of the State shall take immediate steps to protect wildlife affected by the deforestation. It had also granted time to the State to file its reply to CEC spot inspection report.Today, Senior Advocate AM Singhvi appearing for the State informed the bench that while the counter affidavit was filed, more time was needed to examine the CEC report, which he received only yesterday at 5 PM. He also stated that no further deforestation is being done in the region. "Everything has stopped, nothing is happening there," he said.Senior Advocate K Parameshwar appearing as the amicus in the matter informed the bench that as per the CEC's ground report, 60% of the area that is affected falls within the moderately dense and heavily dense forest categories. Then considering how the State authorities initiated the felling during a long weekend instead of choosing to cut the trees during the start of the next working week, CJI observed that the plan of deforestation seemed 'prima facie pre-planned'. He expressed: "We are putting you on guard, you are trying to defend such a thing- with all those officers involved, you will be in huge trouble....taking advantage of a long weekend, you do all these things...have you seen those photographs? Dozen bulldozers were arranged...prima facie, all this seems is pre-planned.""Did you have an Environmental Clearance? If you want we will serve for contempt, better take a decision to restore the forest, otherwise the secretary will be..." the CJI added further. Signhvi however stated that the approval to cut trees was not given over the weekend but, in fact took one year through the institutional process. To which the CJI further inquired, "If you are bona fide, then why did you not start it on Monday? Why did you start at the beginning of the long weekend?" When the bench was informed that the State in its reply has only defended its stand and proposed to undertake the IT construction at the site without offering a restoration plan, the CJI took a stern view and said,"If you want the Chief Secretary and half a dozen officers to shift to a temporary prison we can do that...we are always advocates of sustainable development, the question here is felling of 1,000 trees, taking wrong advantage of the long vacation (used for deforestation)" An interim application was also filed by the whistleblowers in the said incident. The Counsel for the applicants informed that while the examination is going on in the Hyderabad University (located near the area), 200 students who were whistleblowers are facing criminal proceedings. So far, 3 FIRs have been registered against the students, some are also inside the jail while the exams are ongoing. He also alleged that a running school was bulldozed in the area. The CJI, refusing the entertain the IA, said that the scope of the present Suo Motu cannot be expanded and it is limited to protection of the forest area. The bench however, granted liberty to the applicants to approach the High Court and take appropriate remedy under the law. The matter will now be heard on July 23. Background Briefly put, the issue arises out of a government order, statedly issued by Telangana State Industrial Infrastructure Corporation (TSIIC), seeking to alienate 400 acres of green cover land in the Kancha Gachibowli forest area, for setting up IT infrastructure. In the past few days, there have been reports of wide-scale clearing of the trees on the land, prompting protests against the state government.On April 2, the Telangana High Court stayed felling of trees on the subject land until April 3, when the matter was slated to be taken up. On April 7, the High Court deferred till April 24 the hearing of petitions filed with respect to tree felling in the area, noting that the Supreme Court is seized of the issue.As per claims, TSIIC acquired the land in 2012 and issued the subject order in 2024 with an intention to alienate the land for furtherance of the IT sector. In furtherance of the same, it began to cut down trees on the land and recently, the rate of felling of trees became brisk. Huge machines were brought on site to cut down trees, which prompted initiation of PILs before the High Court.The PIL-petitioners argued that the government was proceeding in blatant disregard of two Supreme Court judgments viz. TN Godavarman Thirumulpad v. Union of India and Ashok Kumar Sharma v. Union of India where all states were directed to form committees for identification of forest and...

Kancha Gachibowli Deforestation Prima Facie 'Pre-Planned', Take Steps For Restoration Or Face Contempt: Supreme Court Warns Telangana Govt

Anmol Kaur Bawa

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